Search
From coast to coast, new states are passing laws that require employers to implement clear pay transparency policies, such as providing specific salary ranges in their job postings. These laws are an expansion of the federal Equal Pay Act – which requires equal pay for equal work among similarly...
On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released an updated poster that must now be posted. The new poster, which is titled “Know Your Rights”, replaces the previous “EEO is the Law” poster. The new poster now includes a QR code for applicants and employees to...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
By now, business owners and their counsel have become increasingly aware of the high volume of lawsuits filed across the country alleging that commercial websites violate Title III of the Americans with Disabilities Act (ADA), and similar state and local laws, for failing to make their websites...
It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more meritorious motions to compel and for sanctions against defendants for failure to...
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an...
This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...
This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...
For the second time in a two-year span, the D.C. City Council voted in favor of largely banning non-compete agreements within the District. As we wrote in May 2021, the D.C. City Council initially passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which would have imposed...
This is a summer when many employees (and employers) may be done with COVID-19, but the virus is not done with us. While government mandates have virtually disappeared, the expected surge of omicron variants during 2022, and the resulting increase in absenteeism due to illness and quarantine...
On May 13, 2022, Governor J.B. Pritzker signed Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act into law. Shortly after, Governor Pritzker signed into law Senate Bill 3120, the Family Bereavement Leave Act, which amends the Child Bereavement Leave Act. Illinois employers should be...
On June 29, 2022, the U.S. Department of Health and Human Services Office for Civil Rights released two guidance documents addressing (1) disclosures under the HIPAA Privacy Rule relating to reproductive health care (“Disclosure Guidance”), and (2) the privacy and security of reproductive health...
This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...
Another in a series of recent court decisions has made meal and rest break claims significantly more troublesome for California employers. In May 2022, the California Supreme Court held that premiums for missed meal breaks are “wages” that must be reported on wage statements and paid in a timely...